Protection of human rights of certain categories of prisoners.

35. RESOLUTIONS ADOPTED ON THE REPORTS OF THE THIRD COMMITTEE
189. Protection of human rights of certain categories of prisoners

The General Assembly, Recalling its resolution 32/121 of 16 December 1977 regarding the protection of the human rights of persons who are detained either in respect of offences which they committed, or are suspected of having committed, by reason of their political opinions or convictions, or as a result of their struggle against colonialism, aggression and foreign occupation and for self-determination, independence, the elimination of apartheid and all forms of racial discrimination and racism, and the termination of all these violations of human rights, Recalling also its resolution 33/169 of 20 December 1978 regarding the protection of the human rights of persons who have been arrested or detained as a result of their trade union activities, Noting, however, that, although certain prisoners belonging to the above-mentioned categories may have been duly convicted of common-law offences, which may justify their arrest, detention or imprisonment, or may be detained pending a trial in respect of such offences, the arrest, detention or imprisonment for common-law offences cannot be justified when it is based on laws which are of a discriminatory nature or involve other serious violations of human rights, including apartheid, Realizing that persons belonging to these categories are exposed to special dangers as regards the protection of their human rights and freedoms, Noting that violations of their human rights and fundamental freedoms may consist in the arrest or detention itself, or in the treatment to which they are subjected, Recalling the Universal Declaration of Human Rights[1] and the International Covenants on Human Rights,[2] Recalling the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,[3] which states that any act of torture or other cruel, inhuman or degrading treatment or punishment is an offence to human dignity, that no State may permit or tolerate torture or other cruel, inhuman or degrading treatment or punishment, and that exceptional circumstances such as a state of war or a threat of war, internal political instability or any other public emergency may not be invoked as a justification of torture or other cruel, inhuman or degrading treatment or punishment, Recalling also the Standard Minimum Rules for the Treatment of Prisoners,[4] Emphasizing the particular importance of protecting the right of prisoners not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment, and their right to receive a fair hearing by a competent, independent and impartial tribunal in the determination of any criminal charge against them, Aware of the fact that, despite releases of prisoners in some countries, the general situation as regards the arrest and detention of persons belonging to the above-mentioned categories remains as serious as before,

1. Recognizes that the arrest and detention, in many parts of the world, of numerous persons on the above-mentioned grounds often give rise to serious human rights problems and that effective measures should be taken to eliminate these problems;

2. Reiterates, therefore, the requests to Member States in General Assembly resolutions 32/121 and 33/169 regarding the release of such persons and the assurance that their fundamental human rights are protected during their arrest or detention.

96th plenary meeting
15 December 1980

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[1] Resolution 217 A (III). [2] Resolution 2200 A (XXI), annex. [3] Resolution 3452 (XXX), annex. [4] First United Nations Congress on the Prevention of Crime and the Treatment of Offenders: report prepared by the Secretariat (United Nations publication, Sales No. 1956. IVA), annex I.A.